Molestina v Ponton [QBD (Comm)]

JurisdictionEngland & Wales
CourtQueen's Bench Division (Commercial Court)
JudgeColman J.
Judgment Date16 May 2001
Neutral Citation[2002] EWHC 2413 (Comm),[2002] EWHC 366 (Comm)
Date16 May 2001

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  • UBS AG (London Branch) and Another v Kommunale Wasserwerke Leipzig GMBH UBS Ltd and Another (Third Parties)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 16 October 2017
    ...were a single transaction for the purpose of the issue of rescission. But this is not a pure question of law. As Coleman J observed in the De Molestina case it involves a mixed question of fact and law to which matrix evidence may be of particular relevance. 316 In the light in particular o......
  • Pakistan v Zardari
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 6 October 2006
    ...the claim" ( CPR 24.2): Carvill America Inc v Camperdown U.K. Ltd [2005] EWCA 645, [2005] 2 Lloyd's Rep 457; and see De Molestina v Ponton [2002] 1 Lloyd's Rep. 271, 279–281. It is probable that there is no practical difference between this test and the test for the purposes of RSC Ord. 11,......
  • Pakistan v Zardari [QBD (Comm)]
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 6 October 2006
    ...EWCA Civ 645; [2005] 1 CLC 845. Daraydan Holdings Ltd v Solland International LtdUNK [2004] EWHC 622 (Ch); [2005] Ch 119. De Molestina v Ponton [2001] CLC 1412. Grant v Gold Exploration and Development Syndicate LtdELR [1900] 1 QB 233. ISC Technologies Ltd v GuerinUNK [1992] 2 Ll Rep 430. I......
  • Mr Hitendrakumar Patel v Mr Michael John Parker
    • United Kingdom
    • Chancery Division
    • 31 July 2023
    ...can be so clearly regarded as an affirmation as to equate to a “knockout” blow. 115 As Colman J said in De Molestina v. Ponton [2002] 1 Lloyd's Rep. 271 at [3.5] (approved by Carnwath LJ in the Court of Appeal in Mentmore International Ltd v Abbey Healthcare (Festival) Ltd [2010] EWCA Civ......
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